Wallace Realty, Inc. v. Jones, No. Cv95-0248508s (May 19, 1995)

Connecticut Superior Court

Wallace Realty, Inc. v. Jones, No. Cv95-0248508s (May 19, 1995)

1995 Conn. Super. Ct. 5391

Connecticut Superior Court·Decided May 19, 1995·No. No. CV95-0248508S·Unpublished

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]ORDER (#101) After hearing held on plaintiff's application for prejudgment remedy as to defendant Hershel F. Jones only, it is hereby Ordered: denied; for the following reasons:

The action seeks recovery of unpaid rent and related charges pursuant to the terms of a written lease. The plaintiff's complaint (para. 4) alleges that "[o]n December 31, 1993, the plaintiff released the defendant, Hershal [sic] F. Jones, from the terms and conditions of this lease." The court finds that evidence such release was nonbinding upon the plaintiff is unpersuasive.

The court's role in ruling on the application is "to determine probable success by weighing probabilities," both legal and factual. Hoke Inc. v. Circuits, Inc., 26 Conn. App. 804, 805 (1992). In assessing the issues, the court is unable to find that the plaintiff has sustained the burden of showing probable cause to sustain the validity of its claim. Bank of Boston Connecticutv. Schlesinger, 220 Conn. 152, 157 (1991).

Gaffney, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]ORDER (#101) After hearing held on plaintiff's application for prejudgment remedy as to defendant Hershel F. Jones only, it is hereby Ordered: denied; for the following reasons:

The action seeks recovery of unpaid rent and related charges pursuant to the terms of a written lease. The plaintiff's complaint (para. 4) alleges that "[o]n December 31, 1993, the plaintiff released the defendant, Hershal [sic] F. Jones, from the terms and conditions of this lease." The court finds that evidence such release was nonbinding upon the plaintiff is unpersuasive.

The court's role in ruling on the application is "to determine probable success by weighing probabilities," both legal and factual. Hoke Inc. v. Circuits, Inc., 26 Conn. App. 804, 805 (1992). In assessing the issues, the court is unable to find that the plaintiff has sustained the burden of showing probable cause to sustain the validity of its claim. Bank of Boston Connecticutv. Schlesinger, 220 Conn. 152, 157 (1991).

Gaffney, J.

Wallace Realty, Inc. v. Jones, No. Cv95-0248508s (May 19, 1995), 1995 Conn. Super. Ct. 5391 (Colo. Ct. App. 1995).

Pincite

1995 Conn. Super. Ct. 5391 (Wallace Realty, Inc. v. Jones, No. Cv95-0248508s (May 19, 1995)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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